Shoplifting Crime as a Minor Appears in the National Theft Database

My question involves labor and employment law for the state of: New York, California

When I was a minor about 8 years ago, I was caught shoplifting at a major retailer, first time offense and only. Since I was a minor, my criminal background is clean.

Fast forward present day I have received a job offer for a corporate position from the same retailer that I was caught from. I'm aware of the National theft database and found out my name is still on their list after meeting with their LP recently.

HOWEVER - I also found out they have the incorrect date of birth, no SSN, but the correct name and address. Is there any possibility to pass their background check because of a simple error with the date of birth? I'm assuming they use name, SSN, date of birth, address to do an auto-search and if my date of birth is incorrect, obviously it would fly under the radar?

What happened when you disputed the entry with the National Retail Theft Database? As a matter of policy, they don't accept reports of offenses involving minors.

Quote:

---

Quoting Are Juveniles reported to NRMA

---

No, the NRMA Retail Advisory Board unanimously voted to not include incidents in which the person was under the age of 18 when the theft incident occurred.

---

If you are still in the internal LP files/database, you may not be hired on. It is usually assessed on a case-by-case basis but the de facto position of LP is normally not to hire. Whether HR listens to them or not, I cannot say.

Thanks for your reply. I actually didnt dispute it but tried to have it removed instead. The LP guy was very cool about everything but said only a senior manager can remove it.

So since I was a minor, their background checks won't trigger my name regardless? I thought the database was a private subscription so I'd imagine it's based on their own criteria.

- - - Updated - - -

free9man - what if they have my wrong date of birth? Will I be able to slip by?

I didn't ask about any dispute you made with the store that reported your offense. I asked about the outcome of your attempt to dispute it directly with the NRMA based upon the fact that they don't report offenses by minors. If you have chosen not to try doing that, this would seem like an opportune moment to change your mind and give it a shot.

Quote:

---

Quoting tropicana123

---

free9man - what if they have my wrong date of birth? Will I be able to slip by?

---

In my experience, part of the assessment process is to speak to the potential employee. So they will ask you about it. You can lie and hope it slips through or tell the truth. You say it was 8 years ago, were you 12,13,16? Can you honestly tell them you learned an important lesson and will never do anything like that again? If you are hired, you can expect some extra scrutiny from LP until they are satisfied you are going to be good.

Quote:

---

Quoting free9man

---

In my experience, part of the assessment process is to speak to the potential employee. So they will ask you about it. You can lie and hope it slips through or tell the truth. You say it was 8 years ago, were you 12,13,16? Can you honestly tell them you learned an important lesson and will never do anything like that again? If you are hired, you can expect some extra scrutiny from LP until they are satisfied you are going to be good.

---

Yes I do plan to admit it if they find out and will promise that I will never do it again. I guess the best way to prove it is my clean criminal background since the incident as a minor.

Will the database still show my name even if they incorrectly had my birthdate by one day? This is how I'm hoping to fly under....

If your name and address are correct in their records, it would take an incredibly stupid LP employee to think that there have been 2 people with the exact same name born one day apart living at the same address. The searches can be done on any number of criteria and once they see the birthday is only off by 1 day, they will know it is actually you.

Unless you committed this offense the day before you turned 18, with the National Retail Theft Database reflecting a birthdate one day earlier than your own, this is not an error of a single day. Whatever the error, if in fact the National Retail Theft Database includes an offense you committed as a minor, I would once again urge you to take the issue up with them and provide whatever information they require as to your actual birthdate. As free9man indicates, it would be extraordinarily unusual for two persons with exactly the same name and address, but with birth dates one day apart, to reside at the same address.

Thank you guys for replying and I will get in touch with NRMA tomorrow. The LP guy I spoke to said they'd have to dig really hard to find my info in the database since it's been over 8 years but I have a feeling they will go pretty far with their research. My only hope is that they enter name, address, SSN, and date of birth altogether as a search criteria so my name doesn't come up because of the birth date error. That may be a long shot but who knows.

It will depend on what kind of system they use. The last place I worked would spit out anything matching 2 or more of the criteria. Good luck.